IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2746 of 2009(B)
1. PREMACHANDRAN, ,U.D.CLERK
... Petitioner
Vs
1. STATE OF KERALA, REPRESENED BY THE
... Respondent
2. THE DEPUTY DIRECTOR, (EDUCATION)
3. THE DISTRICT EDUCATION OFFICER
4. THE HEADMASTER GOVERNMENT VHSS
5. THE SENIOR ASSISTANT, GOVERNMENT VHSS
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/02/2009
O R D E R
K.T.SANKARAN, J.
----------------------------------------------
W.P(C) No.2746 of 2009-B
---------------------------------------------
Dated this the 4th February, 2009.
J U D G M E N T
The petitioner, while working as UD Clerk in the Education
Department, was placed under suspension on 28.10.2003 as per
Exhibit P1 order. The memo of charges dated 12.3.2004 was issued.
Exhibit P3 statement of allegations was also issued along with Exhibit
P2 memo of charges. It is stated that the petitioner submitted a reply
to Exhibit P2 memo of charges on 5.6.2004. It is further stated that he
has lost copy of that reply. The District Educational Officer issued
Exhibit P4 notice of enquiry. The petitioner attended the enquiry. The
grievance of the petitioner is that nothing was heard thereafter. The
disciplinary proceedings have not been finalised. The petitioner is not
served with enquiry report. He also complained that the subsistence
allowance was not paid to him after 30.11.2006.
2. Pointing out his grievances, the petitioner submitted
representations, which did not evoke any response. Finally, he
submitted Exhibit P8 representation dated 18.8.2008 to the Deputy
Director of Education requesting for reinstatement and for
disbursement of subsistence allowance. Exhibit P8 is not disposed of.
W.P(C) No.2746 of 2009-B 2
3. The learned Senior Government Pleader submitted that the
subsistence allowance was not disbursed since the petitioner did not
produce non-employment certificate before the Headmaster. The
Senior Government Pleader also pointed out that the non-employment
certificate was produced only upto June 2007.
In the facts and circumstances of the case, I am of the view that
for the present, it would be appropriate to direct the Deputy Director
of Education, Kollam to consider Exhibit P8 and dispose of the same
within a period of one month. The Deputy Director of Education shall
take necessary steps to complete the disciplinary proceedings against
the petitioner. He shall also consider the request of the petitioner for
reinstatement and for disbursement of subsistence allowance, after
affording an opportunity of being heard to the petitioner. It is made
clear that I have not expressed any opinion on the merits of the case.
Writ Petition is disposed as above.
K.T.SANKARAN
JUDGE
ab
W.P(C) No.2746 of 2009-B 3
W.P(C) No.2746 of 2009-B 4
W.P(C) No.2746 of 2009-B 5
W.P(C) No.2746 of 2009-B 6